Louisiana

Divorce Law Guide

The facts about divorce in Louisiana

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Louisiana, a divorce can be completed on average in a minimum of 180 days, with court fees of $324.00. Unlike many states, Louisiana does not have any divorce residency requirements determining how long the appellant must have lived in Louisiana prior to filing for divorce.

On this page, you can learn about Louisiana's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Louisiana alimony calculation, the property division process and more.

What are the Grounds for Divorce?

The state of Louisiana, a spouse must have lived in the state for 265 days before a court will look at a petition. Once that has been met, the spouse wishing a divorce can do so through two methods, the no-fault option and the fault option.

A no fault divorce requires the spouses to have lived separate and apart continuously for at least one hundred eighty days before filing for divorce.

To go the route of a fault divorce, Louisiana recognizes only the following reasons: failure to perform marriage duty or obligation, incompatible due to mental illness or incapacity in either spouse.

(1) The other spouse has committed adultery.

(2) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

(3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return.

(4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.

(5) The spouses have been living separate and apart continuously without reconciliation for a period of two years.

(6) The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed.

It is important that a lawyer is consulted so they can take a look at the case and give you advice on the appropriate options to chose from.

In state of Louisiana a number of factors are taken into account when ending a marriage.

1. Louisiana Grounds for Divorce FAQ

Is Louisiana a no-fault divorce state?

Louisiana allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Louisiana may be "irreconcilable differences", or similar grounds.

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Does Louisiana allow at-fault divorces?

In addition to no-fault grounds for divorce, Louisiana is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Louisiana's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

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Does the state of Louisiana allow incompatibility as grounds for divorce?

The state of Louisiana does not allow incompatibility to be reason alone for having a divorce.

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Can you get a divorce in Louisiana for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Louisiana, married couples who have been living separate and apart for a minimum of six months may be granted a divorce on these grounds when sued for by either spouse.

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2. Louisiana Divorce Process FAQ

Does state of Louisiana allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Louisiana will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Louisiana?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Louisiana to get a divorce?

There are no residency duration requirements in order to sue for a divorce in Louisiana. Any married couple in the state can file for divorce in Louisiana court.

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What is the filing fee for a divorce in Louisiana?

The court fees for filing the paperwork for a basic divorce in a Louisiana court is $324.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Louisiana?

If the process moves along without holdups, the paperwork for a divorce in Louisiana can be processed in a minimum of 180 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Louisiana General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Louisiana. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Louisiana permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Louisiana.

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Does Louisiana have any limitations on remarriage after a divorce?

Louisiana has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

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What is the divorce rate in Louisiana?

According to the most recent CDC study, the yearly divorce rate in Louisiana is 10 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

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Does Louisiana recognize same sex divorces?

Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Louisiana, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.